Safe Drinking Water Act (SDWA): A Summary
of the Act and Its Major Requirements
Mary Tiemann
Specialist in Environmental Policy
December 10, 2010
Congressional Research Service
7-5700
www.crs.gov
RL31243
CRS Report for Congress
P
repared for Members and Committees of Congress
Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Summary
This report summarizes the Safe Drinking Water Act (SDWA) and its major programs and
regulatory requirements. It excerpts, with several additions, the SDWA chapter of CRS Report
RL30798, Environmental Laws: Summaries of Major Statutes Administered by the Environmental
Protection Agency, which provides summaries of the principal environmental statutes
administered by the Environmental Protection Agency (EPA). This report includes the drinking
water security provisions added to the SDWA by the Public Heath Security and Bioterrorism
Preparedness and Response Act of 2002 (P.L. 107-188).
The SDWA, Title XIV of the Public Health Service Act, is the key federal law for protecting
public water supplies from harmful contaminants. First enacted in 1974 and substantially
amended in 1986 and 1996, the act is administered through programs that establish standards and
treatment requirements for public water supplies, control underground injection of wastes,
finance infrastructure projects, and protect sources of drinking water. The 1974 law established
the current federal-state arrangement in which states may be delegated primary implementation
and enforcement authority for the drinking water program. The state-administered Public Water
Supply Supervision (PWSS) Program remains the basic program for regulating the nation’s public
water systems, and 49 states have assumed this authority.
The last major reauthorization of the act was done through the Safe Drinking Water Act
Amendments of 1996 (P.L. 104-182), which generally authorized appropriations for SDWA
programs through FY2003. As with other EPA-administered statutes having expired funding
authority, Congress has continued to appropriate funds for the ongoing SDWA programs.
In addition to reviewing key programs and requirements of the SDWA, this report includes
statistics on the number and types of regulated public water systems. It also provides tables that
list all major amendments, with the year of enactment and public law number, and that cross-
reference sections of the act with the major U.S. Code sections of the codified statute.
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Contents
Introduction ................................................................................................................................ 1
Background ................................................................................................................................ 1
Regulated Public Water Systems ................................................................................................. 2
National Drinking Water Regulations .......................................................................................... 4
Contaminant Selection and Regulatory Schedules ................................................................. 5
Standard Setting.................................................................................................................... 5
Risk Assessment ................................................................................................................... 6
Variances and Exemptions..................................................................................................... 6
State Primacy.............................................................................................................................. 6
Enforcement, Consumer Information, and Citizen Suits............................................................... 7
Consumer Information and Reports....................................................................................... 7
Citizen Suits ......................................................................................................................... 7
Compliance Improvement Programs............................................................................................ 8
Ground Water Protection Programs ............................................................................................. 8
Source Water Assessment and Protection Programs ..................................................................... 9
State Revolving Funds .............................................................................................................. 10
Drinking Water Security............................................................................................................ 10
Vulnerability Assessments................................................................................................... 10
Emergency Powers.............................................................................................................. 11
Tampering with Public Water Systems................................................................................. 11
Emergency Assistance......................................................................................................... 11
Additional SDWA Provisions .................................................................................................... 12
Lead-free Plumbing ............................................................................................................ 12
Research, Technical Assistance, and Training ...................................................................... 12
Demonstration Grants ......................................................................................................... 12
Records, Inspections, and Monitoring.................................................................................. 12
National Drinking Water Advisory Council ......................................................................... 13
Federal Agencies................................................................................................................. 13
Assistance to Colonias ........................................................................................................ 13
Estrogenic Substances ......................................................................................................... 13
Drinking Water Studies ....................................................................................................... 13
Selected P.L. 104-182 Provisions Not Amending SDWA ........................................................... 14
Transfer of Funds ................................................................................................................ 14
Grants to Alaska.................................................................................................................. 14
Bottled Water ...................................................................................................................... 14
Wastewater Assistance to Colonias...................................................................................... 14
Additional Infrastructure Funding ....................................................................................... 14
Additional Reading ................................................................................................................... 15
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Tables
Table 1. Safe Drinking Water Act and Amendments..................................................................... 1
Table 2. Size Categories of Community Water Systems ............................................................... 3
Table 3. Non-Transient Non-Community Water Systems (NTNCWS).......................................... 4
Table 4. Transient Non-Community Water Systems (TNCWS) .................................................... 4
Table 5. U.S. Code Sections of the Safe Drinking Water Act (Title XIV of the Public
Health Service Act) ................................................................................................................ 16
Contacts
Author Contact Information ...................................................................................................... 18
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Introduction
The Safe Drinking Water Act (SDWA), Title XIV of the Public Health Service Act, is the key
federal law for protecting public water supplies from harmful contaminants. First enacted in 1974
and substantially amended in 1986 and 1996, the act is administered through programs that
establish standards and treatment requirements for public water supplies, control underground
injection of wastes, finance infrastructure projects, and protect sources of drinking water. The
1974 law established the current federal-state arrangement in which states may be delegated
primary implementation and enforcement authority for the drinking water program. The state-
administered Public Water Supply Supervision (PWSS) Program remains the basic program for
regulating the nation’s public water systems, and 49 states have assumed this authority. The 1996
SDWA amendments generally authorized appropriations for SDWA programs through FY2003.
Table 1 identifies the original enactment and subsequent amendments.
Table 1. Safe Drinking Water Act and Amendments
(codified generally as 42 U.S.C. 300f-300j)
Public
Law
Year Act
Number
1974 Safe Drinking Water Act of 1974
P.L. 93-523
1977 Safe Drinking Water Act Amendments of 1977
P.L. 95-190
1979 Safe Drinking Water Act Amendments
P.L. 96-63
1980 Safe Drinking Water Act Amendments
P.L. 96-502
1986 Safe Drinking Water Act Amendments of 1986
P.L. 99-339
1988 Lead Contamination Control Act of 1988
P.L. 100-572
1996 Safe Drinking Water Act Amendments of 1996
P.L. 104-182
2002 Public Health Security and Bioterrorism Preparedness and Response Act of 2002
P.L. 107-188
This report summarizes the act’s major provisions, programs, and requirements, and is adapted
from a broader document, CRS Report RL30798, Environmental Laws: Summaries of Major
Statutes Administered by the Environmental Protection Agency. It also provides selected statistics
on the universe of regulated public water systems, and lists references for further information on
the act and its implementation. Table 5, located at the end of this report, cites the major U.S.
Code sections of the act and the equivalent sections of the statute.
Background
As indicated by Table 1, the Safe Drinking Water Act has been amended several times since
enactment of the Safe Drinking Water Act of 1974 (P.L. 93-523). Congress passed this law after
nationwide studies of community water systems revealed widespread water quality problems and
health risks resulting from poor operating procedures, inadequate facilities, and uneven
management of public water supplies in communities of all sizes. The 1974 law gave the EPA
substantial discretionary authority to regulate drinking water contaminants and gave states the
lead role in implementation and enforcement.
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
The first major amendments (P.L. 99-339), enacted in 1986, were largely intended to increase the
pace at which the EPA regulated contaminants and to increase the protection of ground water.
From 1974 until 1986, the EPA had regulated just one additional contaminant beyond the 22
standards previously developed by the Public Health Service. The 1986 amendments required the
EPA to (1) issue regulations for 83 specified contaminants by June 1989 and for 25 more
contaminants every three years thereafter, (2) promulgate requirements for disinfection and
filtration of public water supplies, (3) ban the use of lead pipes and lead solder in new drinking
water systems, (4) establish an elective wellhead protection program around public wells, (5)
establish a demonstration grant program for state and local authorities having designated sole-
source aquifers to develop groundwater protection programs, and (6) issue rules for monitoring
injection wells that inject wastes below a drinking water source. The amendments also increased
EPA’s enforcement authority.
Congress again amended SDWA with the Lead Contamination Control Act of 1988 (P.L. 100-
572). These provisions were intended to reduce exposure to lead in drinking water by requiring
the recall of lead-lined water coolers, and requiring the EPA to issue a guidance document and
testing protocol for states to help schools and day care centers identify and correct lead
contamination in school drinking water.
After the regulatory schedule mandated in the 1986 amendments proved to be unworkable for the
EPA, states, and public water systems, the 104th Congress made sweeping changes to the act with
the SDWA Amendments of 1996 (P.L. 104-182). As over-arching themes, the amendments
targeted resources to address the greatest health risks, added some regulatory flexibility, provided
funding for federal drinking water mandates, and aimed to improve water system compliance
capacity. Congress revoked the requirement that the EPA regulate 25 new contaminants every
three years and created a risk-based approach for selecting contaminants for regulation. Among
other changes, Congress added some flexibility to the standard setting process, required the EPA
to conduct health risk reduction and cost analyses for new rules, authorized a drinking water state
revolving loan fund (DWSRF) program to help water systems finance projects needed to meet
SDWA requirements, added programs to improve small system compliance, expanded consumer
information requirements, increased the act’s focus on pollution prevention through a voluntary
source water protection program, and streamlined the act’s enforcement provisions. P.L. 104-182
extended authorizations for appropriations under the act through FY2003.
In 2002, several drinking water security provisions were added to the SDWA through the Public
Heath Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107-188). Title IV
of the act included requirements for community water systems serving more than 3,300
individuals to conduct vulnerability assessments and prepare emergency response plans. The law
also required the EPA to conduct research on preventing and responding to terrorist or other
attacks.
Regulated Public Water Systems
Federal drinking water regulations apply to the approximately 158,000 privately and publicly
owned water systems that provide piped water for human consumption to at least 15 service
connections or that regularly serve at least 25 people. Nearly 53,000 of these systems are
community water systems (CWSs) that serve the same residences year-round. These 53,000
systems provide water to approximately 282 million people. All federal regulations apply to these
systems. Another 19,174 public water systems are non-transient, non-community water systems
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(NTNCWS), such as schools or factories, that have their own water supply and generally serve
the same individuals for more than six months but not year-round. Most drinking water
regulations apply to these systems. More than 86,200 other public water systems are transient
non-community water systems (TNCWS), such as campgrounds and gas stations, that provide
their own water to transitory customers. Only regulations for contaminants that pose immediate
health risks apply to these systems.1
Most community water systems (85%) are relatively small, serving 3,300 people or fewer; these
systems provide water to just 9% of the total population served by community water systems. In
contrast, 8% of systems serve populations of 10,000 or more, but provide water to 81% of the
population served. Among the community water systems, 77% rely on ground water and 23% rely
on surface water. (See Table 2 for statistics on community water systems.)
Table 2. Size Categories of Community Water Systems
System Size
Number of
Percentage of
Population
Percentage of
(population
Community Water
Community Water
Served
Population
served)
Systems
Systems
(millions)
Served
Very smal (25-
29,666 56%
4.9
2%
500)
Smal (501-
14,389 27%
20.8
7%
3,300)
Medium (3,301-
4,748 9%
27.5
10%
10,000)
Large (10,001-
3,648 7%
102.7
36%
100,000)
Very large
386 1%
126.3
45%
(>100,000)
Total
54,064 100%
282.3
100%
Source: U.S. Environmental Protection Agency. EPA Safe Drinking Water Information System, Factoids. Drinking
Water and Ground Water Statistics for 2005. EPA 816-K-03-001. Dec. 2006. Available on the Internet at
http://www.epa.gov/safewater/data/getdata.html.
More than 99% (19,055) of the non-transient, non-community water systems are small or very
small and provide water to 83% of the population served by these systems. Approximately 99,700
of the nearly 105,400 non-community water systems (transient and non-transient systems
combined) serve 500 or fewer people. These statistics give some insight into the scope of
technological, economic, and managerial challenges small public water systems may face in
meeting federal drinking water regulations. Table 3 and Table 4 provide statistics for non-
transient non-community water systems and transient non-community water systems.
1 EPA’s long-standing policy is to exclude transient systems from drinking water regulations except for those
contaminants, such as nitrate, that the EPA believes have the potential to cause immediate adverse human health effects
resulting from short-term exposure. (Source: Environmental Protection Agency. National Primary Drinking Water
Regulation on Lead and Copper, minor revisions. January 12, 2000 (65 FR 1950).)
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Table 3. Non-Transient Non-Community Water Systems (NTNCWS)
System Size
(population
Number of
Percentage of
Population Served
Percentage of
served)
NTNCWS
NTNCWS
(millions)
Population Served
Very smal (25-
16,348 85% 2.28
38%
500)
Smal (501-3,300)
2,707
14%
2.71
45%
Medium (3,301-
102 1% 0.56
9%
10,000)
Large (10,001-
17 0% 0.50
8%
100,000)
Very large
0 0%
0
0%
(>100,000)
Total
19,174 100% 6.92
100%
Source: EPA Safe Drinking Water Information System, Factoids. Drinking Water and Ground Water Statistics for
2005. NTNCWS regularly supplies water to at least 25 of the same people at least six months per year, but not
year-round (e.g., schools, factories, office buildings and hospitals which have their own water systems. Most
regulatory requirements apply to these systems.
Table 4. Transient Non-Community Water Systems (TNCWS)
System size
(population
Number of
Percentage of
Population Served
Percentage of
served)
TNCWS
TNCWS
(millions)
Population Served
Very smal (25-
500)
83,351 97% 7.29
52%
Smal (501-3,300)
2,721
3%
2.67
19%
Medium (3,301-
10,000)
111 0% 0.59
4%
Large (10,001-
100,000)
23 0% 0.60
4
%
Very large
(>100,000)
4 0% 2.99
21%
Total
86,210 100% 14.16
100%
Source: EPA Safe Drinking Water Information System, Factoids. Drinking Water and Ground Water Statistics for
2005. Transient non-community water systems provide water in places where people do not remain for long
periods of time, such as gas stations and campgrounds. Only regulations for contaminants that pose immediate
health risks (e.g. nitrate and bacteria) apply to these systems.
National Drinking Water Regulations
A key component of SDWA is the requirement that the EPA promulgate national primary drinking
water regulations for contaminants that may pose health risks and that are likely to be present in
public water supplies. Section 1412 instructs the EPA on how to select contaminants for
regulation and specifies how the EPA must establish regulations once a contaminant has been
selected. The regulations apply to the roughly 168,000 privately and publicly owned water
systems that provide piped water for human consumption to at least 15 service connections or that
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
regularly serve at least 25 people. The EPA has issued regulations for more than 90 contaminants,
including regulations setting new standards for drinking water disinfectants and their byproducts
and for microbial contaminants, a regulation establishing a standard for uranium in drinking
water, and a regulation revising the standard for arsenic.
Contaminant Selection and Regulatory Schedules
Section 1412, as amended in 1996, directs the EPA to select contaminants for regulatory
consideration based on occurrence, health effects, and meaningful opportunity for health risk
reduction. Starting in 1998 and then every five years, the EPA must publish a list of contaminants
that may warrant regulation. As of 2001, and every five years thereafter, the EPA must determine
whether or not to regulate at least five of the listed contaminants. The act requires the EPA to
evaluate contaminants that present the greatest health concern and to regulate those contaminants
that occur at concentration levels and frequencies of public health concern. The amendments also
included schedules for the EPA to complete regulations for specific contaminants (i.e., radon,
arsenic, disinfectants and disinfection byproducts and Cryptosporidium).
Standard Setting
For each contaminant that the EPA determines requires regulation, the EPA must set a
nonenforceable maximum contaminant level goal (MCLG) at a level at which no known or
anticipated adverse health effects occur and which allows an adequate margin of safety. The EPA
must then set an enforceable standard, a maximum contaminant level (MCL), as close to the
MCLG as is “feasible” using best technology, treatment techniques, or other means available
(taking costs into consideration). The agency generally sets standards based on technologies that
are affordable for large communities; however, as amended by P.L. 104-182, the act requires
EPA, when issuing a regulation for a contaminant, to list any technologies or other means that
comply with the MCL and that are affordable for small public water systems serving populations
of 10,000 or fewer. If the EPA does not identify “compliance” technologies that are affordable for
small systems, then it must identify small system “variance” technologies or other means that
may not achieve the MCL but are protective of public health.
The 1996 amendments authorized the EPA to set a standard at other than the feasible level if the
feasible level would lead to an increase in health risks by increasing the concentration of other
contaminants or by interfering with the treatment processes used to comply with other SDWA
regulations. In such cases, the standard or treatment techniques must minimize the overall health
risk. Also, when proposing a regulation, the EPA now must publish a determination as to whether
or not the benefits of the standard justify the costs. If the EPA determines that the benefits do not
justify the costs, the agency may, with certain exceptions, promulgate a standard that maximizes
health risk reduction benefits at a cost that is justified by the benefits.
New regulations generally become effective three years after promulgation. Up to two additional
years may be allowed if the EPA (or a state in the case of an individual system) determines the
time is needed for capital improvements. (Section 1448 outlines procedures for judicial review of
EPA actions involving the establishment of SDWA regulations and other final EPA actions.)
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Risk Assessment
The 1996 amendments also added risk assessment and risk communication provisions to SDWA.
When developing regulations, the EPA is required to (1) use the best available, peer-reviewed
science and supporting studies and data; and (2) make publicly available a risk assessment
document that discusses estimated risks, uncertainties, and studies used in the assessment. When
proposing drinking water regulations, the EPA must publish a health risk reduction and cost
analysis (HRRCA). The EPA may promulgate an interim standard without first preparing this
benefit-cost analysis or making a determination as to whether the benefits of a regulation would
justify the costs if the Administrator determines that a contaminant presents an urgent threat to
public health.
Variances and Exemptions
In anticipation that some systems, particularly smaller ones, could have difficulty complying with
every regulation, Congress included in SDWA provisions for variances and exemptions. Section
1415 authorizes a state to grant a public water system a variance from a standard if raw water
quality prevents meeting the standard despite application of best technology, and the variance
does not result in an unreasonable risk to health. A 1996 provision (Subsection 1415(e))
authorizes variances specifically for small systems based on application of best affordable
technology. When developing a regulation, if the EPA cannot identify a technology that meets the
standard and is affordable for small systems, the EPA must identify variance technologies that are
affordable but do not necessarily meet the standard. In cases where the EPA has identified
variance technologies, then states may grant small system variances to systems serving 3,300 or
fewer persons if the system cannot afford to comply with a standard (through treatment, an
alternative water source, or restructuring) and the variance ensures adequate protection of public
health. A state may then grant a variance to a small system, allowing the system to use a variance
technology to comply with a regulation. With EPA approval, states also may grant variances to
systems serving between 3,301 and 10,000 persons. Variances are not available for microbial
contaminants. The EPA has determined that affordable compliance technologies are available for
all existing standards. Thus, small system variances are not available.
Section 1416 authorizes states to grant public water systems temporary exemptions from
standards or treatment techniques if a system cannot comply for other compelling reasons
(including costs). An exemption is intended to give a water system more time to comply with a
regulation and can be issued only if it will not result in an unreasonable health risk. A qualified
system may receive an exemption for up to three years beyond the compliance deadline. Systems
serving 3,300 or fewer persons may receive a maximum of three additional two-year extensions,
for a total exemption duration of nine years.
State Primacy
Section 1413 authorizes states to assume primary oversight and enforcement responsibility
(primacy) for public water systems. To assume primacy, states must adopt regulations at least as
stringent as national requirements, develop adequate procedures for enforcement, adopt authority
for administrative penalties, maintain records, and develop a plan for providing safe drinking
water under emergency circumstances. Currently, 55 of 57 states and territories have primacy
authority for the public water system supervision (PWSS) program.
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Under Section 1443, Congress authorized appropriations of $100 million annually for the EPA to
make grants to states to administer the PWSS program. This section directs the EPA, in
accordance with regulations, to allot the sums among the states “on the basis of population,
geographical area, number of public water systems, and other relevant factors.” States are
authorized to use a portion of their drinking water state revolving fund grant (under Section 1452)
to cover the costs of administering the PWSS program.
Enforcement, Consumer Information, and
Citizen Suits
The Safe Drinking Water Act requires public water systems to monitor their water supplies to
ensure compliance with drinking water standards and to report monitoring results to the states.
States review monitoring data submitted by public water systems, and also conduct their own
monitoring, to determine system compliance with drinking water regulations. The EPA monitors
public water system compliance primarily by reviewing the violation data submitted by the states.
Section 1414 requires that, whenever the EPA finds that a public water system in a state with
primary enforcement authority does not comply with regulations, the agency must notify the state
and the system and provide assistance to bring the system into compliance. If the state fails to
commence enforcement action within 30 days after the notification, the EPA is authorized to issue
an administrative order or commence a civil action. In a nonprimacy state, the EPA must notify an
elected local official (if any has jurisdiction over the water system) before commencing an
enforcement action against the system.
The 1996 amendments strengthened enforcement authorities, streamlined the process for issuing
federal administrative orders, increased administrative penalty amounts, made more sections of
the act clearly subject to EPA enforcement, and required states (as a condition of primacy) to have
administrative penalty authority. The amendments also provided that no enforcement action may
be taken against a public water system that has a plan to consolidate with another system.
Consumer Information and Reports
Enforcement provisions also require public water systems to notify customers of violations of
drinking water standards or other requirements, such as monitoring and reporting requirements.
Systems must notify customers within 24 hours of any violations that have the potential to cause
serious health effects. Additionally, community water systems must mail to all customers an
annual “consumer confidence report” on contaminants detected in their drinking water. States are
required to prepare annual reports on the compliance of public water systems and to make
summaries available to the EPA and the public; the EPA must prepare annual national compliance
reports (Section 1414(c)).
Citizen Suits
Section 1449 provides for citizens’ civil actions. Citizen suits may be brought against any person
or agency allegedly in violation of provisions of the act, or against the EPA Administrator for
alleged failure to perform any action or duty which is not discretionary.
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Compliance Improvement Programs
The 1996 amendments added two state-administered programs aimed at improving public water
system compliance with drinking water regulations: the operator certification program and the
capacity development program. Section 1419 required states to adopt programs for training and
certifying operators of community and nontransient noncommunity systems (e.g., schools and
workplaces that have their own wells). The EPA is required to withhold 20% of a state’s annual
DWSRF grant, unless the state has adopted and implements an operator certification program.
Relatedly, Section 1420 required states to establish capacity development programs, also based on
EPA guidance. Congress specified that the programs must include (1) legal authority to ensure
that new systems have the technical, financial, and managerial capacity to meet SDWA
requirements; and (2) a strategy to assist existing systems that are experiencing difficulties to
come into compliance. The EPA is required to withhold a portion of SRF grants from states that
do not have capacity development strategies. The agency has not had to withhold funds under
either of these programs.
Ground Water Protection Programs
Most public water systems rely on ground water as a source of drinking water, and Part C of the
act focuses on ground water protection.2 Section 1421 authorized the establishment of state
underground injection control (UIC) programs to protect underground sources of drinking water
(USDWs). In 1977, the EPA issued mandated regulations that contained minimum requirements
for state UIC programs to prevent underground injection that endangers drinking water sources,
and that required states to prohibit any underground injection not authorized by state permit. The
law specified that the regulations could not interfere with the underground injection of brine from
oil and gas production or recovery of oil unless underground sources of drinking water would be
affected.3
Section 1422 authorized affected states to submit plans to the EPA for implementing UIC
programs and, if approved, to assume primary enforcement responsibility. If a state’s plan has not
been approved, or the state has chosen not to assume program responsibility, then the EPA must
implement the program (Section 1423). For oil and gas injection operations only, states with UIC
programs are delegated primary enforcement authority without meeting EPA regulations under
Section 1421, provided states demonstrate that they have an effective program that prevents
underground injection that endangers drinking water sources (Section 1425, added in 1980). EPA
has delegated primacy for all classes of wells to 34 states; it shares implementation responsibility
in six states, and implements the UIC program for all well classes in 10 states.
To implement this program, EPA placed UIC wells in five classes based on similarity in the fluids
injected, and construction, injection depth, design, and operating techniques, and issued
2 According to the EPA, of roughly 156,600 public water systems, 142,400 rely on ground water and 14,200 rely on
surface water. Among roughly 51,700 community water systems, 40,000 rely on ground water and 11,700 rely on
surface water.
3 The Energy Policy Act of 2005 (P.L. 109-58, § 322) amended SDWA § 1421(d) to specify that the definition of
“underground injection” excludes the injection of fluids or propping agents (other than diesel fuels) used in hydraulic
fracturing operations related to oil, gas, or geothermal production activities.
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regulations that establish performance criteria for each class.4 In 2008, the agency proposed a rule
to establish a new Class VI well for use in the underground injection of carbon dioxide. Class VI
wells would be used for the long-term geologic sequestration of carbon dioxide as a tool for
mitigating greenhouse gas emissions from coal-fired power plants and other large stationary
sources of carbon dioxide.
A separate groundwater protection provision, subsection 1424(e), authorizes the EPA to make
determinations, on EPA’s initiative or upon petition, that an aquifer is the sole or principal
drinking water source for an area. In areas that overlie a designated sole-source aquifer, no federal
funding may be committed for projects that the EPA determines may contaminate such an aquifer.
Any person may petition for sole source aquifer designation. Nationwide, the EPA had designated
73 sole source aquifers.
The act contains three other state programs aimed specifically at protecting ground water. Added
in 1986, Section 1427 established procedures for demonstration programs to develop, implement,
and assess critical aquifer protection areas already designated by the Administrator as sole source
aquifers. Section 1428, also added in 1986, established an elective state program for protecting
wellhead areas around public water system wells. If a state established a wellhead protection
program by 1989, and the EPA approved the state’s program, then the EPA may award grants
covering between 50% and 90% of the costs of implementing the program. In 1996, Congress
added Section 1429, authorizing the EPA to make 50% grants to states to develop programs to
ensure coordinated and comprehensive protection of ground water within the states. For these
programs, appropriations were authorized through FY2003 as follows: $15 million per year for
Section 1427, $30 million per year for Section 1428, and $15 million per year for Section 1429.
Source Water Assessment and Protection Programs
The 1996 amendments expanded the act’s pollution prevention focus to embrace protection of
surface water, as well as ground water. Section 1453 required the EPA to publish guidance for
states to implement source water assessment programs that delineate boundaries of the areas from
which systems receive water, and identify the origins of contaminants in those areas to determine
systems’ susceptibility to contamination. States with approved assessment programs may adopt
alternative monitoring requirements for water systems, as provided for in Section 1418.
Section 1454 authorized a source water petition program based on voluntary partnerships between
state and local governments. States may establish a program under which a community water
system or local government may submit a petition to the state requesting assistance in developing
a voluntary source water quality protection partnership to (1) reduce the presence of contaminants
in drinking water, (2) receive financial or technical assistance, and (3) develop a long-term source
water protection strategy. This section authorized $5 million each year for grants to states to
support petition programs. Also, states may use up to 10% of their DWSRF grant to support
various source water protection activities including the petition program.
4 The wells are classified as follows: Class I (inject hazardous wastes, industrial non-hazardous liquids, or municipal
wastewater beneath the lowermost USDW); Class II (inject brines and other fluids associated with oil and gas
production, and hydrocarbons for storage); Class III (inject fluids associated with solution mining of minerals beneath
the lowermost USDW); Class IV (inject hazardous or radioactive wastes into or above USDWs and generally are
banned); and Class V (all other injection wells—many of these wells inject non-hazardous fluids into or above USDWs
and are typically shallow, on-site disposal systems).
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
State Revolving Funds
In 1996, Congress authorized a drinking water state revolving loan fund (DWSRF) program to
help systems finance improvements needed to comply with SDWA regulations (Section 1452).
The EPA is authorized to make grants to states to capitalize DWSRFs, which states then may use
to make loans to public water systems. States must match 20% of the federal grant. Grants are
allotted based on the results of needs surveys. Each state and the District of Columbia must
receive at least 1% of the appropriated funds.
Drinking water SRFs may be used to provide loans for expenditures that the EPA has determined
will facilitate compliance or significantly further the act’s health protection objectives. States
must make available 15% of their annual allotment for loan assistance to systems that serve
10,000 or fewer persons, to the extent that funds can be obligated for eligible projects. States may
use up to 30% of their DWSRF grant to provide loan subsidies (including forgiveness of
principal) to help economically disadvantaged communities. Also, states may use a portion of
funds for technical assistance, source water protection and capacity development programs, and
for operator certification.
The law authorized appropriations of $599 million for FY1994 and $1 billion per year for
FY1995 through FY2003 for DWSRF capitalization grants. The EPA was directed to reserve,
from annual DWSRF appropriations, 0.33% for financial assistance to several Trusts and
Territories, $10 million for health effects research on drinking water contaminants, $2 million for
the costs of monitoring for unregulated contaminants, and up to 2% for technical assistance. The
EPA may use 1.5% of funds each year for making grants to Indian Tribes and Alaska Native
villages.5
Drinking Water Security
The 107th Congress passed the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (P.L. 107-188) to address a wide range of security issues. Title IV of the
Bioterrorism Act amended SDWA to address threats to drinking water security. Key provisions
are summarized below.
Vulnerability Assessments
Under new SDWA Section 1433, each community water system serving more than 3,300 people
was required to conduct an assessment of the system’s vulnerability to terrorist attacks or other
intentional acts intended to disrupt the provision of a safe and reliable drinking water supply. This
provision established deadlines, based on system size, for community water systems to certify to
the EPA that they had conducted a vulnerability assessment and to submit to the EPA a copy of
the assessment. Section 1433 exempted the contents of the vulnerability assessments from
disclosure under the Freedom of Information Act (except for information contained in the
5 For more information, CRS Report RS22037, Drinking Water State Revolving Fund (DWSRF): Program Overview
and Issues, by Mary Tiemann.
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certification identifying the system and the date of the certification), and it provides for civil and
criminal penalties for inappropriate disclosure of information by government officials.
Section 1433 further required each of these community water systems to prepare an emergency
response plan incorporating the results of the vulnerability assessment. The EPA was directed to
provide guidance to smaller systems on how to conduct vulnerability assessments, prepare
emergency response plans, and address threats.
Section 1433(e) authorized the appropriation of $160 million for FY2002, and such sums as may
be necessary for FY2003 through FY2005, to provide financial assistance to community water
systems to conduct vulnerability assessments, to prepare response plans, and for expenses and
contracts to address basic security enhancements and significant threats.
The Bioterrorism Act also added Sections 1434 and 1435 to SDWA, directing the Administrator
to review methods by which terrorists or others could contaminate or otherwise disrupt the
provision of safe water supplies. These provisions require the EPA to review methods for
preventing, detecting, and responding to such disruptions, and methods for providing alternative
drinking water supplies if a water system was destroyed or impaired. Section 1435(e) authorized
$15 million for FY2002, and such sums as may be necessary for FY2003 through FY2005 to
carry out Sections 1434 and 1435.
Emergency Powers
Under Section 1431, the Administrator has emergency powers to issue orders and commence civil
action if (1) a contaminant likely to enter a public drinking water supply system poses a
substantial threat to public health, and (2) state or local officials have not taken adequate action.
The Bioterrorism Act amended this section to specify that EPA’s emergency powers include the
authority to act when there is a threatened or potential terrorist attack or other intentional act to
disrupt the provision of safe drinking water or to impact the safety of a community’s drinking
water supply.
Tampering with Public Water Systems
Section 1432 provides for civil and criminal penalties against any person who tampers, attempts
to tamper, or makes a threat to tamper with a public water system. Amendments made by the
Bioterrorism Act increased criminal and civil penalties for tampering, attempting to tamper, or
making threats to tamper with public water supplies. The maximum prison sentence for tampering
increased from 5 to 20 years. The maximum prison sentence for attempting to tamper, or making
threats to tamper, increased from 3 to 10 years. The maximum fine that may be imposed for
tampering increased from $50,000 to $1 million. The maximum fine for attempting to tamper, or
threatening to tamper, increased from $20,000 to $100,000.
Emergency Assistance
SDWA Subsection 1442(b) authorizes the EPA to provide technical assistance and to make grants
to states and public water systems to assist in responding to and alleviating emergency situations.
The Bioterrorism Act amended Subsection 1442(d) to authorize appropriations for such
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
emergency assistance of not more than $35 million for FY2002, and such sums as may be
necessary for each fiscal year thereafter.
Additional SDWA Provisions
Lead-free Plumbing
Section 1417 prohibits the use of any pipe, solder, or flux used in the installation or repair of
public water systems or plumbing in residential or nonresidential facilities providing drinking
water that is not “lead free” (as defined in the act). This section also makes it unlawful to sell
pipes, plumbing fittings or fixtures that are not lead free, or to sell solder or flux that is not lead
free (unless it is properly labeled), with the exception of pipes used in manufacturing or industrial
processing.6 Section 1417(e), added in 1996, directed EPA to promulgate regulations setting
health-based performance standards limiting the amount of lead that may leach from new
plumbing fittings and fixtures, unless a voluntary standard was established within one year of
enactment. A voluntary standard was established.
Research, Technical Assistance, and Training
Section 1442 authorizes the EPA to conduct research, studies, and demonstrations related to the
causes, treatment, control, and prevention of diseases resulting from contaminants in water. The
agency is directed to provide technical assistance to the states and municipalities in administering
their public water system regulatory responsibilities. This section authorized $15 million annually
for technical assistance to small systems and Indian Tribes, and $25 million for health effects
research. (Title II of P.L. 104-182, the 1996 amendments, authorized additional appropriations for
drinking water research, not to exceed $26.6 million annually for FY1997 through FY2003.)
Demonstration Grants
The Administrator may make grants to develop and demonstrate new technologies for providing
safe drinking water and to investigate health implications involved in the reclamation/reuse of
waste waters (Section 1444).
Records, Inspections, and Monitoring
Section 1445 states that persons subject to requirements under SDWA must establish and
maintain records, conduct water monitoring, and provide any information that the Administrator
may require by regulation to carry out the requirements of the act. Section 1445(b) authorizes the
Administrator or a representative, after notifying the state in writing, to enter and inspect the
property of water suppliers or other persons subject to the act’s requirements, to determine
whether the person is in compliance with the act. Failure to comply with these provisions may
result in civil penalties.
6 §1417(d) defines “lead free” to mean not more than 0.2% lead for solders and fluxes, and not more than 8% lead for
pipes and pipe fittings.
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
This section also directs the EPA to promulgate regulations establishing the criteria for a
monitoring program for unregulated contaminants. Beginning in 1999 and every five years
thereafter, the EPA must issue a list of not more than 30 unregulated contaminants to be
monitored by public water systems. States are permitted to develop representative monitoring
plan to assess the occurrence of unregulated contaminants in small systems, and the section
authorized $10 million to be appropriated for each of FY1999 through FY2003 to provide grants
to cover the costs of monitoring for small systems. All monitoring results are to be included in a
national drinking water occurrence data base created under the 1996 amendments.
National Drinking Water Advisory Council
The act established a National Drinking Water Advisory Council, composed of 15 members (with
at least two representing rural systems), to advise, consult, and make recommendations to the
Administrator on activities and policies derived from the act (Section 1446).
Federal Agencies
Any federal agency having jurisdiction over federally owned public water systems must comply
with all federal, state and local drinking water requirements as well as any underground injection
control programs. The act provides for waivers in the interest of national security (Section 1447).
Assistance to Colonias7
Added in 1996, Section 1456 authorized the EPA and other appropriate federal agencies to award
grants to Arizona, California, New Mexico and Texas to provide assistance (not more than 50% of
project costs) to colonias where the residents are subject to a significant health risk attributable to
the lack of access to an adequate and affordable drinking water system. Congress authorized
appropriations of $25 million for each of fiscal years 1997 through 1999.
Estrogenic Substances
Section 1547 authorized the EPA to use the estrogenic substances screening program created in
the Food Quality Protection Act of 1996 (P.L. 104-170) to provide for testing of substances that
may be found in drinking water if the Administrator determines that a substantial population may
be exposed to such substances.
Drinking Water Studies
Section 1458 directed the EPA to conduct drinking water studies involving subpopulations at
greater risk and biological mechanisms. EPA also was directed to conduct studies to support
specific regulations, including those for disinfectants and disinfection byproducts and
Cryptosporidium.
7 Colonias generally are described as unincorporated communities or housing developments on the U.S. side of the
U.S.-Mexico border that lack some or all basic infrastructure including plumbing and public water and sewer.
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Selected P.L. 104-182 Provisions Not Amending
SDWA
The 104th Congress included a variety of drinking water-related provisions in the 1996 SDWA
Amendments that did not amend the Safe Drinking Water Act. Several of these provisions are
described below.
Transfer of Funds
Section 302 authorized states to transfer as much as 33% of their annual drinking water state
revolving fund grant to the Clean Water Act (CWA) SRF, or an equivalent amount from the CWA
SRF to the DWSRF through FY2001. (In subsequent conference reports for EPA appropriations,
Congress has authorized states to continue transferring funds.)
Grants to Alaska
Section 303 of the 1996 amendments authorized the EPA to make grants to the State of Alaska to
pay 50% of the costs of improving sanitation for rural and Alaska Native villages. Grants are for
construction of public water and wastewater systems, and for training and technical assistance
programs. Appropriations were authorized at $15 million for each of fiscal years 1997 through
2000. (In P.L. 106-457, Congress reauthorized appropriations for these rural sanitation grants at a
level of $40 million for each of fiscal years 2001 through 2005.)
Bottled Water
Section 305 revised section 410 of the Federal Food, Drug, and Cosmetic Act to require the
Secretary of Health and Human Services to issue bottled drinking water standards for
contaminants regulated under SDWA within 180 days after the EPA promulgates the new
standards, unless the Secretary determines that a standard is not necessary.
Wastewater Assistance to Colonias
Section 307 authorized EPA to make grants to colonias for wastewater treatment works.
Appropriations were authorized at $25 million for each of fiscal years 1997 through 1999.
Additional Infrastructure Funding
Section 401 authorized additional assistance, up to $50 million for each of fiscal years 1997
through 2003, for a grant program for infrastructure and watershed protection projects.
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Additional Reading
U.S. Congressional Budget Office. Public Spending on Transportation and Water Infrastructure.
Pub. No. 4088. November 2010. 49 p.
National Research Council. Health Implications of Perchlorate Ingestion. Board on
Environmental Studies and Toxicology. National Academies Press. January 2005. 177 p.
U.S. Environmental Protection Agency. Office of Water. Drinking Water Infrastructure Needs
Survey and Assessment: Fourth Report to Congress. EPA 816-R-09-001. March 2009.
http://www.epa.gov/safewater/needs.html.
U.S. Environmental Protection Agency. Office of Water. Drinking Water State Revolving Fund
Program: Increasing Impact, 2006 Annual Report. Office of Water. Report No. EPA 816-R-07-
002. June 2007. 44 p. http://www.epa.gov/safewater/dwsrf/index.html.
U.S. Environmental Protection Agency. Office of Water. Providing Safe Drinking Water in
America: 2007/2008 National Public Water Systems Compliance Report. Office of Enforcement
and Compliance Assurance. EPA document No. 305R10001. June 3, 2010. 83 p.
http://www.epa.gov/compliance/resources/reports/accomplishments/sdwa/sdwacom2007.pdf.
U.S. Environmental Protection Agency. Office of Water. Small System Guide to Safe Drinking
Water Act Regulations: The First STEP to Providing Safe Drinking Water. EPA 816-R-03-017.
September 2003. 35 p.
U.S. Environmental Protection Agency. Office of Water. The Clean Water and Drinking Water
Infrastructure Gap Analysis Report. EPA 816-R-02-020. September 2002. 50 p.
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Safe Drinking Water Act (SDWA): A Summary of the Act and Its Major Requirements
Table 5. U.S. Code Sections of the Safe Drinking Water Act
(Title XIV of the Public Health Service Act)
(42 U.S.C. 300f-300j-26)
Safe Drinking Water
Act
42 U.S.C.
Section Title
(as amended)
Subchapter
XII
Safety of Public Drinking Water Systems
Part A
Definitions
300f Definitions
sec.
1401
Part B
Public Water Systems
300g Coverage
sec.
1411
300g-1
National drinking water regulations
sec. 1412
300g-2
State primary enforcement responsibility
sec. 1413
300g-3
Enforcement of drinking water regulations
sec. 1414
300g-4 Variances
sec.
1415
300g-5 Exemptions
sec.
1416
300g-6
Prohibitions on the use of lead pipes, solder, and flux
sec. 1417
300g-7
Monitoring of contaminants
sec. 1418
300g-8a Operator
certification
sec.
1419
300g-9a
Capacity development
sec. 1420
Part C
Protection of Underground Sources of Drinking Water
300h
Regulations for state programs
sec. 1421
300h-1
State primary enforcement responsibility
sec. 1422
300h-2
Enforcement of program
sec. 1423
300h-3
Interim regulation of underground injections
sec. 1424
300h-4
Optional demonstration by states relating to oil and natural gas
sec. 1425
300h-5
Regulation of state programs
sec. 1426
300h-6a
Sole source aquifer demonstration program
sec. 1427
300h-7a
State programs to establish wel head protection areas
sec. 1428
300h-8a
State ground water protection grants
sec. 1429
Part D
Emergency Powers
300i
Emergency powers
sec. 1431
300i-1
Tampering with public water systems
sec. 1432
300i-2a
Terrorist and other intentional acts
sec. 1433
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Safe Drinking Water
Act
42 U.S.C.
Section Title
(as amended)
300i-3
Contaminant prevention, detection, and response
sec. 1434
300i-4a
Supply disruption prevention, detection and response
sec. 1435
Part E
General Provisions
300j
Assurance of availability of adequate supplies of chemicals necessary for
treatment of water
sec. 1441
300j-1a
Research, technical assistance, information
sec. 1442
300j-2a
Grants for state programs
sec. 1443
300j-3a
Special project grants and guaranteed loans
sec. 1444
300j-4a
Records and inspections
sec. 1445
300j-5
National Drinking Water Advisory Council
sec. 1446
300j-6
Federal agencies
sec. 1447
300j-7
Judicial reviews
sec. 1448
300j-8
Citizen civil actions
sec. 1449
300j-9
General provisions
sec. 1450
300j-11 Indian
Tribes
sec.
1451
300j-12a
State revolving loan funds
sec. 1452
300j-13
Source water quality assessment
sec. 1453
300j-14a
Source water petition program
sec. 1454
300j-15
Water conservation plan
sec. 1455
300j-16a
Assistance to colonias
sec. 1456
300j-17
Estrogenic substances screening program
sec. 1457
300j-18a
Drinking water studies
sec. 1458
Part F
Additional Requirements to Regulate the Safety of Drinking Water
300j-21 Definitions
sec.
1461
300j-22
Recal of drinking water coolers with lead-lined tanks
sec. 1462
300j-23
Drinking water coolers containing lead
sec. 1463
300j-24
Lead contamination in school drinking water
sec. 1464
300j-25a
Federal assistance for state programs
sec. 1465
300j-26
Certification of testing laboratories
b
Note: This table shows only the major code sections. For more detail and to determine when a section was
added, the reader should consult the official printed version of the U.S. Code.
a. These sections include authorizations of appropriations.
b. This provision was added by the Lead Contamination Control Act (P.L. 100-572, sec. 4),which did not
amend SDWA.
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Author Contact Information
Mary Tiemann
Specialist in Environmental Policy
mtiemann@crs.loc.gov, 7-5937
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